The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 9,000,000.

The defendant does not pay the above fine.

1. Summary of grounds for appeal;

A. The lower court’s sentence (five million won in penalty) is deemed to be too unfluent and unfair.

B. Defendant 1) At the time of the instant crime, Defendant 1 was found to possess “a fluoral disorder in fluoral disorder and fluoral dependence on alcohol use” and the lower court determined otherwise by misapprehending the legal doctrine, even if the Defendant was in a state of physical and mental weakness by drinking.

2) The sentence of the lower court’s unfair sentencing is excessively unreasonable.

2. Determination

A. According to the Defendant’s assertion of mental and physical weakness, according to the records, the Defendant was diagnosed by “the Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal Maternal 69th of the trial record). In this regard, the Defendant was hospitalized at the hospital from March 13, 2015 to May 19, 2015. Although the Defendant was aware of drinking at the time of the instant case, the Defendant stated to the police that he had been her had a state of ability to make decisions on the right and wrong due to mental and physical disorder (Evidence 21 page of the evidence record) for two hours at the time of the instant case, and that the Defendant had a state of ability to change the right and wrong at the time of the instant case. In light of various circumstances, such as the content of the horses to the employees of the instant age club, the Defendant’s.

It does not appear.

B. According to the record as to the prosecutor's and the defendant's wrongful assertion of sentencing, it is recognized that the defendant is diagnosed as "the failure of division of the following : 1.........., the defendant is currently against his or her mistake; and ......

② However, the Defendant was sentenced to two years of imprisonment due to interference with business on November 6, 2013; was sentenced to three years of probation; again committing the instant crime during the period of probation; and the Defendant was around one hour before the instant age club.